Graves et al v. Old Republic Insurance Company et al
| CAMILLE GRAVES, CECIL GRAVES,IV, FINLEY GRAVES, Sarah Graves, AMELIA GRAVES, CECIL MERLIN GRAVES, III and Cecil Merlin Graves III |
| ABC Professional Tree Services, Inc., JOSE T MILAN, Old Republic Insurance Company, BDG Trees, L.L.C., Old Republic General Insurance Company and Jose T Milian |
| 3:2019cv00533 |
| August 15, 2019 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 Notice to Counsel: In light of all defendants having not made an appearance, Scheduling Conference is reset for 2/6/2020 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 1/23/2020. the (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 9 FIRST SUPPLEMENTAL AND AMENDING COMPLAINT against ABC Professional Tree Services, Inc., Jose T Milian, Old Republic General Insurance Company, BDG Trees, L.L.C., filed by Sarah Graves, Cecil Merlin Graves III.(KAH) |
| Filing 8 STATUS REPORT by All Plaintiffs. (LeBlanc, Collin) |
Filing 7
ORDER: The #6 Unopposed Motion for Leave to File First Supplemental and Amending Complaint is GRANTED. The Clerk is directed to file the First Supplemental and Amending Complaint (R. Doc. 6-2) into the record, which will become the operative complaint in this suit. Signed by Magistrate Judge Erin Wilder-Doomes on 10/3/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 6 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(LeBlanc, Collin) |
| MOTION(S) REFERRED: #6 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint . This motion is now pending before the USMJ. (LT) |
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Filing 5
ORDER: Regarding the #4 Unopposed Motion for Leave to File First Supplemental and Amending Complaint, it is the undersigned's practice to require amended pleadings to be comprehensive (i.e., the proposed amended pleading must include all of plaintiffs allegations as supplemented, amended, and revised without incorporation of any previous pleading). Here, plaintiff's proposed First Supplemental and Amending Complaint is not comprehensive. Additionally, although this Court's federal subject matter jurisdiction is based on diversity, the proposed First Supplemental and Amending Complaint does not adequately set forth the citizenship of BDG Trees, LLC ("BDG") by alleging the members of BDG and each members' citizenship. See, Turner Bros. Crane and Rigging, LLC v. Kingboard Chemical Holding Ltd., Civil Action No. 06-88, 2007 WL 2848154, at *4-5 (M.D. La. Sept. 24, 2007) ("when partners or members are themselves entities or associations, the citizenship must be traced through however many layers of members or partners there may be, and failure to do [sic] can result in dismissal for want of jurisdiction."). Accordingly, IT IS HEREBY ORDERED that the #4 Unopposed Motion for Leave to File First Supplemental and Amending Complaint is DENIED WITHOUT PREJUDICE to plaintiff's right to file a motion for leave to amend that attaches a proposed pleading that is comprehensive and which adequately alleges the citizenship of BDG Trees, LLC. Signed by Magistrate Judge Erin Wilder-Doomes on 10/1/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #4 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint . This motion is now pending before the USMJ. (LT) |
| Filing 4 Unopposed MOTION for Leave to File First Supplemental and Amending Complaint by All Plaintiffs. (Attachments: #1 Proposed Pleading; Amended Complaint, #2 Proposed Pleading; Order)(LeBlanc, Collin) |
| Filing 3 Defendants' ANSWER to Complaint with Jury Demand by ABC Professional Tree Services, Inc., Old Republic General Insurance Company.(Davies, Trevor) |
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Filing 2
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/17/2019 at 02:30 PM in chambers. Status Report due by 10/3/2019. Signed by Magistrate Judge Erin Wilder-Doomes on 8/19/2019. (SWE)
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| Filing 1 NOTICE OF REMOVAL from 20TH JDC PARISH OF EAST FELICIANA, Case Number 45767. (Filing fee $ 400 receipt number ALAMDC-1986044), filed by Old Republic Insurance Company, ABC Professional Tree Services, Inc.. (Attachments: #1 Exhibit A, #2 CIVIL COVER SHEET)(Davies, Trevor) (Attachment 2 replaced on 8/16/2019 to flatten the document) (KMW). |
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